Variation of Condition 5 of planning permission ref. F/23/96224 to construct the Queens View access prior to occupation of the development (rather than prior to commencement). Original application description: Construction of part 3-storey, part 2-storey building to provide 18 flats and a ground floor retail unit, following demolition of existing building, to include vehicle access, parking, landscaping and footpath access to recreation ground.

1. Implementation timeframe The development hereby permitted shall start no later than three years from the date of planning permission ref. F/23/96224. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2. Plan numbers The development hereby permitted shall be implemented in accordance with the following plans numbered: • 0018 A06 (Site Location and Block Plan) • 0019 A03 (Site Plan) • 0020 A01 (Floor Plans – Ground, First) • 0021 A01 (Floor Plans – Second Floor, Roof) • 0024 A03 (Proposed Boundary Elevations) • 0025 A02 (Proposed Elevations) • 0026 A02 (Proposed Sections) • 131.0013-0006 P01 (Goods Vehicle Swept Path Analysis) • 131.0013-0004 P03 (Swept Path Analysis Retail Servicing Bay) • 0019 A06 (Site Plan showing pedestrian footway) Reason: For the avoidance of doubt and in the interests of proper planning.
3. CEMP The demolition and construction shall take place in accordance with the details and procedures set out in the Construction Management Plan prepared by Amiri, dated March 2025. Reason: In order that the Local Planning authority can properly consider the effect of works on the amenity of the locality, in accordance with Policies DM1, DM8 and DM13 of the Eastleigh Borough Local Plan (2016-2036).
4. Unsuspected Contamination All development shall be stopped immediately in the event that contamination not previously identified is found to be present on the development site and details of the contamination shall be reported immediately in writing to the Local Planning Authority (LPA). Development shall not re-start on site until the following details have then been submitted to and approved in writing by the LPA:- (a) a written report of the findings which includes, a description of the extent, scale and nature of contamination, an assessment of all potential risks to known receptors, an update of the conceptual site model (devised in the desktop study), identification of all contaminant linkages and unless otherwise agreed in writing by the LPA and identified as unnecessary in the written report, an appraisal of remediation options and proposal of the preferred option(s) identified as appropriate for the type of contamination found on site. and (unless otherwise first agreed in writing by the LPA), (b) a detailed remediation scheme designed to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme should include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works, site management procedures and a verification plan outlining details of the data to be collected in order to demonstrate the completion of the remediation works and any arrangements for the continued monitoring of identified contaminant linkages; and (c) before any part of the development is occupied or used (unless otherwise first agreed in writing by the LPA) a verification report demonstrating the effectiveness of the remediation works carried out and a completion certificate confirming that the approved remediation scheme has been implemented in full shall both have been submitted to and approved in writing by the LPA. The above site works, details and certification submitted shall be in accordance with the approved scheme and undertaken by a competent person in accordance with best practice as outlined in BS10175:2011+A2:2017 and LCRM. Any gas monitoring deemed appropriate is to be in accordance with best practice as outlined in such documents as BS8576:2013, BS 8485:2015+A1:2019, Claire RB17 and CIRIA C665. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off site receptors in accordance with Policy DM8 of the Eastleigh Borough Local Plan (2016-2036).
5. Access construction – Queens View The development shall not be occupied until the access into the site from Queens View, including the footway and/or verge crossing has been constructed and lines of sight of 2.4m x 43m provided in accordance with the approved plans. The lines of sight splays shown on the approved plans shall be kept free of any obstruction exceeding 1m in height above the adjacent carriageway and shall subsequently be maintained so thereafter. Reason: To provide satisfactory access in the interest of highway safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
6. Access construction – Castle Road The development shall not be occupied until the access works into the site from Castle Road have been fully implemented in accordance with: a) S278 approval; and b) Appropriate Stopping Up Orders. Reason: To ensure the roads and footpaths are constructed to a satisfactory standard, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
7. Drainage The drainage strategy for the site shall be carried out in accordance with the details and plans outlined in the Drainage Technical Note prepared by Arch Associates, dated 03/03/2025, and the Proposed Drainage Overview Plan ref. 5002 P01. Reason: To ensure suitable drainage to prevent flood risk, in accordance with Policy DM6 of the Eastleigh Borough Local Plan (2016-2036).
8. Drainage maintenance The drainage system shall be maintained for the lifetime of the development in accordance with the details set out in the Drainage Technical Note prepared by Arch Associates, dated 03/03/2025. Reason: To ensure long term management of the drainage system to protect against flood risk, in accordance with Policy DM6 of the Eastleigh Borough Local Plan (2016-2036).
9. Tree protection The development must accord with the arboricultural report dated September 2023 (Johnson Tree Consultancy), and associated appendices. No excavation, demolition or development related works shall commence until the tree protection measures have been installed as per the tree protection plan contained within the report. Once installed, no access by vehicles or placement of goods, chemicals, fuels, soil or other materials shall take place within the protected area. Tree protection measures shall be retained in their approved form for the duration of the work and may only be modified subject to written agreement from the LPA. Reason - To retain and protect the existing trees which form an important part of the amenity of the locality, in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
10. Materials Prior to any development above foundation/ slab level, full details including samples where requested, of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. Reason: To ensure a high quality design in the interest of visual amenity, in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
11. Boundary treatment Prior to any development above foundation/ slab level, full details of boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. Reason: In the interest of visual amenity, in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
12. Parking provision Prior to occupation of the development hereby permitted, provision for parking shall be made within the site in accordance with the approved plans and shall be retained thereafter. Reason: To ensure adequate on-site parking provision for the approved development in accordance with Policy DM14 of the Eastleigh Borough Local Plan (2016-2036).
13. Cycle and refuse storage Prior to occupation of the dwellings hereby permitted, the cycle and refuse storage facilities as shown on the approved plans shall be provided and thereafter maintained for cycle and refuse storage purposes only. Reason: In the interest of amenity and to encourage the use of alternative means of transport to the private car, in accordance with Policies DM1 and DM13 of the Eastleigh Borough Local Plan (2016- 2036).
14. Biodiversity mitigation and enhancement No development above foundation/ slab level shall take place until an updated Biodiversity Mitigation and Enhancement Plan (BEMP), based on the principles set out in the submitted BEMP (Ecosupport, 20 December 2023), and taking account of updated bat survey information, has been submitted to and approved in writing by the Local Planning Authority. Biodiversity mitigation and enhancements shall be carried out in accordance with the approved details. Reason: To ensure that protected species would not be harmed and to achieve a biodiversity net gain in accordance with Policy DM11 of the Eastleigh Borough Local Plan (2016-2036).
15. Lighting No development above foundation / slab level shall take place until a detailed external lighting plan has been submitted to and approved in writing by the Local Planning Authority. The Lighting Plan shall accord with the BCT/ILP Guidance Note 08/23 ‘Bats and Artificial Lighting at Night’. Lighting shall thereafter be installed and maintained in accordance with the approved details. Reason: To protect bats and in the interest of visual amenity, in accordance with Policies DM1 and DM11 of the Eastleigh Borough Local Plan (2016-2036).
16. Use Class restriction – retail shop Notwithstanding the provisions of Schedule 2, Part A of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, the development hereby permitted shall only be occupied by uses within Class E(a), unless permission for an alternative use is given by the Local Planning Authority through submission of a formal planning application. Reason: To ensure that the impacts of alternative uses can be properly assessed to protect the amenity of the area and ensure highway safety, in accordance with Policies DM1, DM8 and DM13 of the Eastleigh Borough Local Plan (2016-2036).
17. Solar panel details Prior to installation of the roof mounted solar panels, full details including type, size, position and level of projection from the roof, shall be submitted to and approved in writing by the Local Planning Authority. The panels shall thereafter be installed in accordance with the approved details. Reason: In the interest of visual amenity and to enhance energy efficiency, in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
18. Landscaping (a) Notwithstanding the details shown on the Planting Plan ref. DD596L03 Rev. C, no development above foundation / slab level shall take place until a final Landscape / Planting Plan has been submitted to and approved in writing by the Local Planning Authority. This shall incorporate sufficient flowering species to support wildlife and the provision of replacement tree planting in accordance with Eastleigh Borough Council’s Trees and Development Supplementary Planning Document (May 2021); (b) The approved landscaping scheme shall be carried out in the first planting season following occupation of the development, or completion of the development (whichever is sooner), unless alternative details are first submitted to and approved in writing by the Local Planning Authority; (c) If, within a period of 10 years after planting, any tree or plant is removed, dies or becomes, in the opinion of the Local Planning Authority, seriously damaged, defective or diseased, another tree or plant of the same species and size as that originally approved shall be planted at the same place within the next planting season, unless the Local Planning Authority gives its written consent to any variation. Reason: To achieve a high quality development and to support biodiversity in accordance with Policies DM1 and DM11 of the Eastleigh Borough Local Plan (2016-2036).
19. Landscape Management Plan No development above foundation / slab level shall take place until an updated Landscape Management Plan, based on the principles set out in the submitted Soft Landscape Management Plan (Deacon Design, 27/09/2023, ref. DD596R01) and to include management of hedgerows and plant species to ensure year round supply of flowers, fruits and seeds, has been submitted to and approved in writing by the Local Planning Authority. Landscape management and maintenance shall thereafter be carried out in accordance with the approved details. Reason: In the interest of biodiversity and visual amenity, in accordance with Policies DM1 and DM11 of the Eastleigh Borough Local Plan (2016-2036).
20. Obscure glazing The first and second floor windows on the south-west and north-east elevations of the building hereby permitted shall be glazed with obscure glass to Pilkinton Level 3 or equivalent with no more than a top hung opening top-light, and shall thereafter be retained in that condition. Reason: To protect the amenity of neighbouring residents in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
21. Noise mitigation The new development shall incorporate noise mitigation measures in line with the details set out in the Noise Impact Assessment prepared by Venta Acoustics dated 28 November 2023 (ref. VA4894.231127.NIA2), to include: • Paper delivery by small van no earlier than 05:45am; • Refuse collections no earlier than 07:00am; • Insulation to noise sensitive rooms adjacent to shop and communal areas in line with recommendations set out in Section 7 of the Noise Impact Assessment. The noise mitigation measures shall thereafter be retained in accordance with the approved details. Reason: To protect existing and future residents from adverse noise impacts in accordance with Policies DM1 and DM8 of the Eastleigh Borough Local Plan (2016-2036).
22. Plant and equipment noise limits Prior to installation of any plant or equipment to serve the shop hereby permitted, full details shall be submitted to and approved in writing by the Local Planning Authority. All plant or equipment shall be designed to ensure that the sound rating level LAr,Tr (as defined in BS4142) would not exceed 24dB 07:00-23:00 and 23dB 23:00-07:00 at the most affected noise sensitive receivers. The plant and equipment shall thereafter be installed and retained in accordance with the approved details. Reason: To protect existing and future residents from adverse noise impacts in accordance with Policies DM1 and DM8 of the Eastleigh Borough Local Plan (2016-2036).
23. Opening hours The shop unit hereby permitted shall be closed to and vacated by the public outside the hours of 06:00 and 18:00 daily. Newspaper deliveries shall take place no earlier than 05:45am on any day. Reason: To protect the amenity of neighbouring residents in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
24. Nutrient mitigation The dwellings hereby permitted shall not be occupied until a mitigation package addressing the additional nutrient inputs arising from the development has been submitted to, and approved in writing by, the Local Planning Authority. Such a mitigation package shall address all of the additional nutrient loading upon protected European sites from the development and shall allow the Local Planning Authority to ascertain on the basis of the best available scientific evidence that such additional nutrient loading will not have an adverse effect on the integrity of those European Sites, having regard to the conservation objectives for they are designated. The mitigation package shall be implemented in full and evidence of this provided to the Local Planning Authority in writing prior to first occupation of the development. Reason: To mitigate the nitrates impacts arising from the development upon the European protected Solent Complex in accordance with the requirements of the Conservation of Habitats and Species Regulations 2017 and Policy DM11 of the Eastleigh Borough Local Plan (2016 – 2036).
25. Refuse vehicle size The retail development hereby permitted must be serviced from Castle Road by a refuse vehicle not exceeding dimensions of 6.623 x 2.200m, and a delivery vehicle not exceeding 5.885 x 2.000 (4.6 Tonne light van) as shown in approved drawing ref. 131.0013.0004 P03. Reason: To allow for the safe turning of vehicles in the interest of highway safety, in accordance with Policy DM13 of the Eastleigh Borough Local Plan (2016-2036).
26. Ecological impact mitigation The development hereby permitted shall be carried out in strict accordance with the recommendations of the Bat Survey Report prepared by Hampshire Ecological Services Ltd, dated August 2024 (rev.1), to include implementation of the mitigation measures outlined in Section 5.6 of the Report, unless varied by the European Protected Species licence (of which the LPA must be notified). Reason: To ensure that protected species are not harmed by the development and to secure biodiversity enhancement in accordance with Policy DM11 of the Eastleigh Borough Local Plan (2016-2036).
27. Footway access The footways leading to Robin Place and extending along the southwest and south-east sides of the site, linking to the recreation ground (as shown on Plan ref. 0019 A06), shall at no time be gated and shall remain open for public use in perpetuity. Reason: To ensure that public access to the recreation ground is retained, in accordance with Policy DM1 of the Eastleigh Borough Local Plan (2016-2036).
28. Note to applicant: Advice from Southern Water: - The 4 inch and 3 inch diameter water mains require a clearance of 6 metres on either side of the water mains to protect it from construction works and to allow for future maintenance access. - No excavation, mounding or tree planting should be carried out within 6 metres of the external edge of the public water mains without consent from Southern Water. - The 150 mm public foul sewer requires a clearance of 3 metres on either side of the public foul sewer to protect it from construction works and to allow for future maintenance access. - No development or tree planting should be carried out within 3 metres of the external edge of the public foul sewer without consent from Southern Water. - No soakaways, swales, ponds, watercourses or any other surface water retaining or conveying features should be located within 5 metres of public or adoptable gravity sewers and water mains. - All existing infrastructure, including protective coatings and cathodic protection, should be protected during the course of construction works. Refer to: Microsoft Word - DS Stand off distances V1.1NEW.docx (southernwater.co.uk)
29. Note to applicant: It is possible that a sewer now deemed to be public could be crossing the development site. Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its ownership before any further works commence on site.
30. Note to applicant: Southern Water requires a formal application for a connection to the public foul sewer to be mad e by the applicant or developer. To make an application visit Southern Water's Get Connected service: Home (southernwater.co.uk) and please read the New Connections Charging Arrangements documents available at: Connection charging arrangements (southernwater.co.uk)
31. Note to applicant: Further information regarding swift bricks can be obtained from Hampshire Swifts, info@hampshireswifts.co.uk
32. Note to applicant : A S278 Agreement and Stopping Up Orders will be required for the proposed works to highway land.
33. Note to applicant: The applicant is advised to consider options for the temporary provision of a shop during the construction period of the development, in order to retain the important community facility during this time.

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